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HomeMy WebLinkAboutMinutes BZA 09-28-98 CARMEL/CLAY BOARD OF ZONING APPEALS SEPTEMBER 28, 1998 The regularly scheduled meeting of the Carmel/Clay Board of Zoning Appeals was called to order by the president at approximately 7:00 PM in the Caucus Rooms of City Hall, Carmel, Indiana. Members present: Jay Dorman; Dick Klar; James Quinn; and Charles Weinkau£ Mark Monroe was present representing the Department of Community Service. John Molitor, Counsel, was also in attendance. The minutes of the August meeting were approved as submitted. G. Mark Monroe reported that there were two items to be discussed, one is a proposed meeting for December; the other is a letter of response from the City Council to the Board's letter of August 27, 1998. It was decided that these items would be discussed at the conclusion of the Public Hearings. H. Public Hearing: Note: Items lh. and 2h. were heard together. lh. Carmel Drive Executive Park Signs (V-37-98) Petitioner seeks approval of a developmental standards variance of Section 25.7.02-10 of the Carmel/Clay Zoning Ordinance to allow projecting signs and signage on the building as if it were a multi-tenant ground floor building. The site is located at the southwest corner of Carmel Drive and 122nd Street. The site is zoned M-3/1\4anufacturing. Filed by Frank Cosmas of FCC Development. 2h. Carmel Drive Executive Park Signs (V-38-98) Petitioner seeks approval of a developmental standards variance of Section 25.7.02-10 of the Carmel/Clay Ordinance to allow additional wall signs on the south facade of the buildings. The site is located at the southwest corner of Carmel Drive and 122nd Street. The site is zoned M-3/Manufacturing. Filed by Frank Cosmas of FCC Development. Adam DeHart, project manager for Keeler-Webb & Associates appeared before the Board representing the petitioner. The petitioner is seeking a developmental standards variance to allow projecting signs and additional wall signs on a building located at the southwest corner of Carmel Drive and 122nd Street. The building has been designed in a traditional Williamsburg-type architecture to include a wrought-iron sign hanging from the south side of the building. This particular type of s:AMinutes\BZA\bza1998sept 1 signage is found in the Old Towne section of Carmel. The petitioner is reducing the allowable signage area and requesting that the building be treated as a multi-tenant, single story building--all signage would appear on the ground floor, second story tenants would only have signage on the ground floor. The tenant space can be laid out either vertically or horizontally and accessed either from the first floor or the second floor. There will be a maximum of two building, 16 tenants per structure, although it is anticipated that there will probably be 8 tenants per structure. Maximum number of signs would be 32. The design of the facility provides for interior parking and access to each individual tenant space. There are actually two front facades on the structure, one facing Carmel Drive and one facing the lake to the rear. The signage will be strictly for address and identification purposes. A ground-mounted sign will provide general identification for the property. As designed, all signage will be a minimum of 82 feet from the proposed right-of-way line and no more than 5 feet from the building facade. At this time, the petitioner formally requested that item 2h. be continued for 30 days to allow feedback on the proposed signs from adjoining property owners, and that item lh. be voted on this evening. After further discussion and input from the Board, Mark Monroe reported that the Department is recommending approval of item I on the condition that the second floor tenants do not have wall signs identifying second floor space. The Department is recommending that Item 2h. be denied; the amount of signage requested on what is essentially the rear of the building is excessive. Clarification: Mark Monroe explained that second floor tenants could have signage as long as it is located on the first floor. After some discussion, James Quinn moved to table items lh and 2h until the October meeting, public hearing to remain open. APPROVED 4-0. 3h. Merchants' Square Building I (V-39-98) Petitioner seeks approval of a developmental standards variance of Section 19.4.4 of the Carmel/Clay Zoning Ordinance to reduce the minimum rear yard requirement for the building (2422-2472 East 116th Street) from 10 feet to 3 feet. The site is located on the north side of East 116th Street,just west of Keystone Avenue. The site is zoned B-8/Business. Filed by Jim Nelson of Nelson and Frankenberger. Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Board representing the petitioner. Craig Hessee of the Linder Co. was also in attendance. As part of the re- development plan for Merchants' Square, the petitioner is planning a 6,000 square foot addition to the building known as the "I" building adjacent to the MCL Cafeteria s:AMinutes\BZA\bza1998sept 2 The petitioner is requesting a variance to reduce the minimum rear yard setback requirement from 10 feet to 3 feet. This will permit the alignment of the condition with the east elevation of the "I" building that is presently set back 3 feet from the property line. MCL Cafeteria has submitted a letter in support of the variance, and the Dept. of Community Services rendered a favorable recommendation in their report except for the filing of a landscape plan, 5 foot buffer, between the MCL parking area and the adjacent building. Members of the public were invited to speak in favor or opposition to the proposed variance; none appeared and the public hearing was closed. Mark Monroe reported that the Department is recommending approval conditioned upon their final review of the landscape plan. James Quinn moved for the approval of Docket No. V-39-98, Merchants' Square Building I. APPROVED 4-0. 4h. Saddle Creek Subdivision Recreational Facility (SU-40-98) Petitioner seeks Special Use approval to allow a private recreational facility within a residential zoning district. The site is located at the northwest corner of 141st Street and Esprit Drive (west of Ditch Road.) The site is zoned S- 1/Residence. Filed by Ken Brasseur of Platinum Properties. Charlie Frankenberger of Nelson and Frankenberger, appeared before the Board representing Ditch Road Properties. Approval is being sought to allow a private recreational facility within the residential community known as Saddle Creek. Ken Brasseur and Bruce Hagen were also present. The property is bordered on the east by Ditch Road, 146th to the north, and on the south by 136th Street. The amenity area will provide a recreational facility for the use and enjoyment of the residents of Saddle Creek. There will be landscaping and berming to the south; the pond is to the northwest. The recreational facility will provide opportunities for basketball, swimming, and volleyball. There will also be a private bathhouse, covered porch area, small shelter area for picnicking, and a playground area for the children. The architecture and style are consistent and characteristic with the subdivision in general. The Special Use permit is requested to allow an amenity area in the Saddle Creek residential area for the residents of the Saddle Creek community. Members of the public were invited to speak in favor or opposition to the Special Use application; none appeared and the public hearing was closed. Mark Monroe reported that the Department has no outstanding issues and recommends approval. s:AMinutes\BZA\bza1998sept 3 Dick Klar commented that the area in question has not changed from the original plan. In response to questions from Charles Weinkauf, the total number of homesites is at 245; the size of the swimming pool is 30 X 56. In response to questions from Jay Dorman, Ken Brasseur reported that there will be small wattage lighting (75W) around the swimming pool for safety only and the tennis courts and parking lot will not be lit. Point of Clarification: The tunnel originally planned by Jeff Kennelly was scrapped due to economic factors. Dick Klar moved for the approval of SU-40-98, Saddle Creek Subdivision Recreational Facility. APPROVED 4-0. Old Business a) Jim Quinn commented that the president of the City Council had perhaps misunderstood a letter from the Board regarding recent variances for signs. Jim Quinn asked that Charles Weinkauf communicate in a direct way with the City Council so that they are aware of the concerns of the Board regarding how some Ordinances may cease to be effective with the passage of time. No consideration was given to ambulatory, storefront medical facilities when the Sign Ordinance was written. The issue of cellular telephone towers was cited as an example of an item not covered by an Ordinance; it is quite possible that there are a number of businesses that may come before the Board that were never anticipated by Ordinance. Jay Dorman reported that the Department and the Task Force were dealing with a number of changes to the Residential Open Space Ordinance and these will be locked in at a later date. Jay suggested that some specific examples be given to the Council. b) The possibility of a special meeting was discussed with the single item agenda of the Carmel Clay Schools. After some discussion, the consensus was to have a Special Meeting on January 11, 1999, for the express purpose of hearing Carmel Clay Schools as a single item agenda. There being no further business to come before the Board, the meeting was adjourned at 8:15 PM. Charles W. Weinkauf, President Ramona Hancock, Secretary s:AMinutes\BZA\bza1998sept 4